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Articles 871 - 900 of 2052
Full-Text Articles in Military, War, and Peace
A Dire Need For Legislative Reform, Patrick Dowdle
A Dire Need For Legislative Reform, Patrick Dowdle
Pace International Law Review
In Section I of this note, I will lay out the several reasons why 18 U.S.C. § 1651 needs reform. I will provide background information on modern day piracy, including its economic impact, and will then break down varying definitions of piracy and their applications in recent cases. I will explore the split in U.S. case law caused by the application of the UNCLOS definition of piracy in Dire, and will identify the quandaries that result from the UNCLOS definition. In Section II, I will address two specific problems stemming from § 1651 that came to light as a result …
A Theorization On Equity: Tracing Causal Responsibility For Missing Iraqi Antiquities And Piercing Official Immunity, Robert Bejesky
A Theorization On Equity: Tracing Causal Responsibility For Missing Iraqi Antiquities And Piercing Official Immunity, Robert Bejesky
Pace International Law Review
Three weeks after the U.S.-led attack on Iraq, looters descended on the artifacts in the Iraq National Museum. Over ten thousand pieces were assumed destroyed or stolen, and the Coalition Provisional Authority estimated the losses at $12 billion. The gravity of the privation led the Security Council to include language in Resolution 1483 to restrict countries from trading in Iraq’s pillaged antiquities, and the U.S. Congress passed the Emergency Protection of Iraqi Cultural Antiquities Act of 2004 to enforce the measures. Several thousand pieces were recovered, but thousands remain missing. In March 2013, Hussein ash-Shamri, the head of the Iraqi …
International Humanitarian Law Divergence, Lesley Wexler
International Humanitarian Law Divergence, Lesley Wexler
Pepperdine Law Review
How do states manage disagreements about the application and interpretation of International Humanitarian Law (IHL)? As countries find themselves embroiled in conflicts across the globe and in need of allies' political, economic, and military support, this question is important from a practical standpoint as well as a theoretical one. This essay provides one set of answers by looking at the United States’ approach to potential IHL disputes with its allies. It opens with an exploration of the issues most likely to create divergence: the existence, typology, and scope of armed conflicts; the interaction between IHL and International Human Rights Law, …
The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply
The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply
Pepperdine Law Review
This Article proceeds on a simple and clear premise: a confession extracted by torture or cruel, inhuman, or degrading treatment should never be admitted into evidence in a U.S. criminal trial. Whether accomplished through extending the Due Process or Self-Incrimination based exclusionary rules to foreign official coercion, or by legislative action, such exclusion is necessary to align evidentiary practice regarding confessions procured by foreign agents with our nation's fundamental values as reflected in the Fifth Amendment and our ratification of the CAT. This outcome is not incompatible with Connelly. Rather, this Article explores the limits of the Court's language in …
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham
Lost In Translation? The Relevancy Of Kobe Bryant And Aristotle To The Legality Of Modern Warfare, Rachel E. Vanlandingham
Pepperdine Law Review
What do Kobe Bryant, Aristotle, and the continuing U.S. response to the terrorist attacks on September 11, 2001, have in common? President Barack Obama told the New Yorker in early 2014, in response to a question regarding the seeming resurgence of al Qaeda in Syria and Iraq, that “[t]he analogy we use around here sometimes, and I think is accurate, is if a jayvee team puts on Lakers uniforms that doesn’t make them Kobe Bryant.” As this example demonstrates, the Obama Administration and others, in reference to the legality of the use of armed force against al Qaeda and similar …
Contemporary Practice Of The United States Relating To International Law, July 2015, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, July 2015, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • United States Adjusts Aid to Egypt in Light of Legal and Political Developments • P51 and Iran Reach Agreement on Iranian Nuclear Program; Obama Administration Seeks Congressional Approval • United States Authorizes New Sanctions Program Aimed at Foreign Perpetrators ofCyberattacks and Cyberexploits • Normalization of Cuba-U.S. Relations Continues • U.S. Navy Continues Freedom of Navigation and Overflight Missions in the South China Sea Despite China’s “Island-Building” Campaign • U.S. Department of Justice Charges Leaders of FIFA, Affiliate Soccer Organizations, and Sports Marketing Companies in 47-Count Indictment
Russia’S Annexation Of Crimea: The Mills Of International Law Grind Slowly But They Do Grind, Robin Geiss
Russia’S Annexation Of Crimea: The Mills Of International Law Grind Slowly But They Do Grind, Robin Geiss
International Law Studies
In her speech at the Munich Security Conference in February 2015, Chancellor Angela Merkel unwaveringly said: “Europe’s borders are and will remain unalterable.” At the same time, however, most observers agree that Crimea will remain de facto under Russian control. Against this backdrop the article assesses the contemporary and possible future legal status of Crimea. Particular attention is given to the inseparability of the link between Russia’s unlawful use of force and the purported territorial status alteration of Crimea, the concept of remedial secession and Crimea’s current status as an occupied territory.
Second-Guessing Congress On Military Commissions, Peter Margulies
Second-Guessing Congress On Military Commissions, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Conflict Classification In Ukraine: The Return Of The “Proxy War”?, Robert Heinsch
Conflict Classification In Ukraine: The Return Of The “Proxy War”?, Robert Heinsch
International Law Studies
The article examines the exact conditions for classifying an armed conflict under international humanitarian law against the backdrop of the crisis in Ukraine, taking into account the difficult factual situation on the ground and the involvement of the different parties to the conflict. Apart from dealing with the requirements of an international or a non-international armed conflict, it looks again into the specific circumstances for the “internationalization” of an internal armed conflict. In doing so, the author revisits the various approaches found in the jurisprudence of the International Court of Justice in its 1986 Nicaragua and 2007 Genocide judgments, as …
The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr
The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr
Georgia Journal of International & Comparative Law
No abstract provided.
Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen
Law, Rhetoric, Strategy: Russia And Self-Determination Before And After Crimea, Christopher J. Borgen
International Law Studies
The article considers how and why Russia has used international legal arguments concerning self-determination in relation to its intervention in Ukraine. Of what use is legal rhetoric in the midst of politico-military conflict? The article reviews the laws of self-determination and territorial integrity and considers Russia’s changing arguments concerning these concepts over the cases of Kosovo, South Ossetia, and Ukraine. Inasmuch as international law is the vocabulary and the grammar of modern diplomacy, States may use legal rhetoric with multiple audiences in mind. While the shifts in Russia’s arguments may be due to strategic needs in specific conflicts, the legal …
State Opinio Juris And International Humanitarian Law Pluralism, Michael N. Schmitt, Sean Watts
State Opinio Juris And International Humanitarian Law Pluralism, Michael N. Schmitt, Sean Watts
International Law Studies
International humanitarian law has developed through a pluralistic process. Its history reveals a pattern of rough proportionality between State opinio juris and non-State expressions of law. These diverse sources have maintained a respectable yet realistic balance between humanity and military necessity. However, current IHL dialogue presents a stark contrast to the vibrant and pluralistic exchanges of the past. The substantive input of non-State actors such as non-governmental organizations, tribunals, and scholars far outpaces the work of States. Parity of input, especially in quantitative terms, is surely too much to demand and surely not necessary given the special status of State …
Book Review: Völkerrecht. Eds. E. Menzel & Knut Ipsen: Verlag C.H. Beck-Munchen, 1979., Hugo J. Hahn
Book Review: Völkerrecht. Eds. E. Menzel & Knut Ipsen: Verlag C.H. Beck-Munchen, 1979., Hugo J. Hahn
Georgia Journal of International & Comparative Law
No abstract provided.
The Cold War: Over, Renewed, Or Never Ended?, Matt Phipps
The Cold War: Over, Renewed, Or Never Ended?, Matt Phipps
Political Science Theses and Capstones
The Cold War has been studied repeatedly since the war supposedly ended in 1991. However recent events are starting to cause some concern and make many question whether or not the Cold War actually ended, if it took a different shape or perhaps has just been on pause. I argue that the Cold War has been a conflict that has been going on since 1947 and although the conflict has looked differently in recent decades the conflict was never properly put to an end. The research analyzes US decision making with respect to Russian and Asian relations over the last …
Internal Colonialism And Humanitarian Intervention, M. Sornarajah
Internal Colonialism And Humanitarian Intervention, M. Sornarajah
Georgia Journal of International & Comparative Law
No abstract provided.
Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram
Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram
Georgia Journal of International & Comparative Law
No abstract provided.
Displaced Persons: "The New Refugees" (The Dean Rusk Award Recipient), David Hull
Displaced Persons: "The New Refugees" (The Dean Rusk Award Recipient), David Hull
Georgia Journal of International & Comparative Law
No abstract provided.
Panel Iii: General Discussion, Georgia Journal Of International And Comparative Law
Panel Iii: General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
The United States, The Oas, And The Dilemma Of The Undesirable Regime, James P. Rowles
The United States, The Oas, And The Dilemma Of The Undesirable Regime, James P. Rowles
Georgia Journal of International & Comparative Law
No abstract provided.
Role Of The United Nations In Internal Conflict, Paul C. Szasz
Role Of The United Nations In Internal Conflict, Paul C. Szasz
Georgia Journal of International & Comparative Law
No abstract provided.
Enforcement: The Difference Between The Laws Of War And The Geneva Conventions, Richard L. Fruchterman Jr.
Enforcement: The Difference Between The Laws Of War And The Geneva Conventions, Richard L. Fruchterman Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Problems With The Application Of Norms Governing Interstate Armed Conflict To Non-International Armed Conflict, Waldemar A. Solf
Problems With The Application Of Norms Governing Interstate Armed Conflict To Non-International Armed Conflict, Waldemar A. Solf
Georgia Journal of International & Comparative Law
No abstract provided.
Coping With Non-International Armed Conflicts: The Borderline Between National And International Law, Bart De Schutter, Christine Van De Wyngaert
Coping With Non-International Armed Conflicts: The Borderline Between National And International Law, Bart De Schutter, Christine Van De Wyngaert
Georgia Journal of International & Comparative Law
No abstract provided.
Humanitarian Law And Internal Armed Conflicts, G.I.A.D. Draper
Humanitarian Law And Internal Armed Conflicts, G.I.A.D. Draper
Georgia Journal of International & Comparative Law
No abstract provided.
Introduction To Panel Ii: Humanitarian Law: The Lincoln-Lieber Initiative, George D. Haimbaugh Jr.
Introduction To Panel Ii: Humanitarian Law: The Lincoln-Lieber Initiative, George D. Haimbaugh Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Panel I--General Discussion, Georgia Journal Of International And Comparative Law
Panel I--General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Gradations Of Intervention In Internal Conflicts, Louis B. Sohn
Gradations Of Intervention In Internal Conflicts, Louis B. Sohn
Georgia Journal of International & Comparative Law
No abstract provided.
Humanitarian Intervention: Help To Your Friends And State Practice, Roger S. Clark
Humanitarian Intervention: Help To Your Friends And State Practice, Roger S. Clark
Georgia Journal of International & Comparative Law
No abstract provided.
Practical Considerations For The Development Of Legal Standards For Intervention, Michael J. Matheson
Practical Considerations For The Development Of Legal Standards For Intervention, Michael J. Matheson
Georgia Journal of International & Comparative Law
No abstract provided.
Intervention In Internal Conflict: The Case Of Nicaragua, Lawrence A. Pezzullo
Intervention In Internal Conflict: The Case Of Nicaragua, Lawrence A. Pezzullo
Georgia Journal of International & Comparative Law
No abstract provided.